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Meanwhile, I also discovered the driver’s insurance agent may not have offered UIM as required by South Carolina law. I filed a lawsuit against the insurance company to get additional UIM coverage on that policy up to the liability limits of $100,000. That case settled for a confidential amount.
Luckily, our client’s parents had health insurance coverage, which they wisely submitted to pay his medical bills. The health insurance company asserted a subrogation claim against our client’s parents for repayment of the amounts paid providers.
I settled this claim for less than the health insurance company paid on the medical bills. This helped get more money for Bobby’s future, as his health insurance paid the doctor bills at a discount, then gave him a discount when he repaid them from this settlement.
When a child’s personal injury case is settled, a judge must approve it. Part of the reason is to protect the child’s right to the money. One thing I did to protect this child’s rights is help his parents get a structured settlement, which would hold the money in low risk investments until the child reached adulthood. It also allowed his parents to control when he got the money after he reached age 18, protecting him from blowing it in youthful squandering.
It took a long time and a lot of work, but in the end, we had a relatively healthy young man with an unusually secure financial future and two very relieved parents.
What this case shows is, you can’t have enough auto insurance to protect you from the unexpected, and if you’ve got a seriously hurt child, you need a trained professional to:
The results here are specific to the facts and legal circumstances of each client’s unique case. Any result for a prior client does not necessarily indicate similar results can be obtained for other clients. Every client’s case must be evaluated on its unique facts and applicable law.
